Appellate Division of the Supreme Court of New York, 1982

In re the Arbitration between Nassau Insurance & Franklin

Appellate Division of the Supreme Court of New York · Decided March 8, 1982

87 A.D.2d 594; 447 N.Y.S.2d 753; 1982 N.Y. App. Div. LEXIS 15863

Cases that cite this one

1 later published case cites this decision.

Dolin v. Passero-Scardetta Associates (Appellate Division of the Supreme Court of New York 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In a proceeding to stay arbitration, Daisy Franklin appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Queens County (Lonschein, J.), dated May 2,1980, as, upon an agreed statement of facts, granted the petitioner’s application upon condition (1) that petitioner pay appellant $500 and (2) that petitioner serve a notice of appear*595anee in the underlying tort action. Appeal dismissed, with $50 costs and disbursements to petitioner. The appellant waived the right to appeal by accepting payment of the $500 and retaining the notice of appearance served pursuant to the judgment appealed from (see Gohery v Spartan Concrete Corp., 85 AD2d 678; P.H. C. Inc. v Wolf, 24 AD2d 769). Weinstein, J. P., O’Connor, Bracken and Rubin, JJ., concur.

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